Bill Text: MI SB1267 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Employment security; benefits; sunset for shared-work plan; remove. Amends sec. 28c of 1936 (Ex Sess) PA 1 (MCL 421.28c).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0579'12 With Immediate Effect 2012 Addenda [SB1267 Detail]
Download: Michigan-2011-SB1267-Chaptered.html
Act No. 579
Public Acts of 2012
Approved by the Governor
January 2, 2013
Filed with the Secretary of State
January 2, 2013
EFFECTIVE DATE: January 2, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Caswell, Robertson and Colbeck
ENROLLED SENATE BILL No. 1267
AN ACT to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 28c (MCL 421.28c), as added by 2012 PA 216.
The People of the State of Michigan enact:
Sec. 28c. (1) An employer that meets all of the following requirements may apply to the unemployment agency for approval of a shared-work plan:
(a) The employer has filed all quarterly reports and other reports required under this act and has paid all obligation assessments, contributions, reimbursements in lieu of contributions, interest, and penalties due through the date of the employer’s application.
(b) If the employer is a contributing employer, the employer’s reserve in the employer’s experience account as of the most recent computation date preceding the date of the employer’s application is a positive number.
(c) The employer has paid wages for the 12 consecutive calendar quarters preceding the date of the employer’s application.
(2) An application under this section shall be made in the manner prescribed by the unemployment agency and contain all of the following:
(a) The employer’s assurance that it will provide reports to the unemployment agency relating to the operation of its shared-work plan at the times and in the manner prescribed by the unemployment agency and containing all information required by the unemployment agency.
(b) The employer’s assurance that it will not hire new employees in, or transfer employees to, the affected unit during the effective period of the shared-work plan.
(c) The employer’s assurance that it will not lay off participating employees during the effective period of the shared-work plan, or reduce participating employees’ hours of work by more than the reduction percentage during the effective period of the shared-work plan, except in cases of holidays, designated vacation periods, equipment maintenance, or similar circumstances.
(d) The employer’s certification that it has obtained the approval of any applicable collective bargaining unit representative and has notified all affected employees who are not in a collective bargaining unit of the proposed shared-work plan.
(e) A list of the week or weeks within the requested effective period of the plan during which participating employees are anticipated to work fewer hours than the number of hours determined under section 28d(1)(e) due to circumstances listed in subdivision (c).
(f) The employer’s certification that the implementation of a shared-work plan is in lieu of layoffs that would affect at least 15% of the employees in the affected unit and would result in an equivalent reduction in work hours.
(g) The employer’s assurance that it will abide by all terms and conditions of sections 28b to 28m.
(h) The employer’s certification that, to the best of his or her knowledge, participation in the shared-work plan is consistent with the employer’s obligations under federal law and the law of this state.
(i) Any other relevant information required by the unemployment agency.
(3) An employer may apply to the unemployment agency for approval of more than 1 shared-work plan.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
